{
  "url": "https://openlegislation.uk/police-pensions-amendment-regulations-1990/regulation-4",
  "json_url": "https://openlegislation.uk/police-pensions-amendment-regulations-1990/regulation-4.json",
  "legislation": "uksi/1990/805",
  "legislation_title": "The Police Pensions (Amendment) Regulations 1990",
  "legislation_url": "https://openlegislation.uk/police-pensions-amendment-regulations-1990",
  "path": "regulation/4",
  "kind": "regulation",
  "number": "4",
  "heading": "Guaranteed minimum pension",
  "text": "(1) Part J (special cases) and regulation L3 (payment and duration of awards) of the principal Regulations shall be amended in accordance with the following provisions of this regulation.\n(2) In regulation J1(1), after “the Social Security Pensions Act 1975” there shall be inserted “as amended by the Social Security Act 1986”.\n(3) In regulation J1, after paragraph (4) there shall be inserted the following provision:\n“(4A) In a case in which this regulation applies, where the regular policeman dies or has died on or after 6th April 1988 leaving a widower then, unless any pension to which she has been entitled has been forfeited under regulation K5(2), he shall be entitled to a pension of a weekly amount equal to one-half of that part of her guaranteed minimum which is attributable to earnings factors for the tax year, 1988–89 and subsequent tax years increased in accordance with Regulation E9 (increase by reference to the Pensions (Increase) Acts) but that entitlement shall cease if he remarries or has remarried before attaining the age of 65 years and no payment shall be made on account of the pension–\n(a) in respect of any period for which the amount of any pension payable to him under regulation E1(3) (adult dependent relative’s special pension) by virtue of regulation E1(1)(c) exceeds the pension which, disregarding this sub-paragraph, would be payable hereunder, or\n(b) in respect of any period before he attains the age of 65 years during which he and a woman to whom he is not married are living together as husband and wife.”.\n(4) In regulation J1, after paragraph (5) there shall be inserted the following provision:\n“(5A) Where a widower is entitled to a pension under paragraph (4A) then, in respect of any period in respect of which a payment is made on account of that pension, no payment shall be made on account of any pension payable to him under regulation E1(3) by virtue of regulation E1(1)(c).”.\n(5) In regulation J1, in paragraph (6)(c) there shall be inserted:\n(a) after “paragraph (2) or (4)” the words “or (4A)”, and\n(b) after “Part B or C” the words “or under regulation E1”.\n(6) In regulation J1, after paragraph (6) there shall be inserted the following provision:\n“(6A) Where the annual amount of any pension payable under paragraph (4A) does not exceed £104, the police authority may, at their discretion, commute it for a gratuity.”.\n(7) After regulation J1 there shall be inserted the following regulation:\n“Revaluation of guaranteed minimum pension\nJ1A (1) This regulation shall apply in the case of a regular policeman who has ceased to serve as such or has made an election under regulation G4(1) (election not to pay pension contributions) and, in either case–\n(a) in respect of whom a transfer value is payable under Part F, and\n(b) who chooses to exercise the option conferred by paragraph 13(2) of Schedule 1A to the Social Security Pensions Act 1975 wholly or partly in the way specified in sub-paragraph (2)(b) of that paragraph (purchase of annuity).\n(2) Where this regulation applies in the case of a regular policeman, to the extent that his guaranteed minimum for the purposes of that Act of 1975 is otherwise appropriately secured within the meaning of section 52C(4) of that Act –\n(a) for the purposes of section 35(2) of that Act (amount of guaranteed minimum) his earnings factors shall be determined by reference to the last order under section 21 of that Act to come into force before the end of the tax year in which he ceased to serve or, as the case may be, in which his election under regulation G4(1) took effect and without reference to any subsequent such order, and\n(b) the weekly equivalent mentioned in the said section 35(2) shall be increased in accordance with any additional requirements for the time being prescribed for the purposes of section 45(1)(b) of that Act (exclusion from liability to pay a limited revaluation premium).”.\n(8) Regulation L3(2) and (5) shall be construed as if any reference–\n(a) to a widow included a reference to a widower, and\n(b) to a husband included a reference to a wife,\nand with consequential modifications.\n(9) In regulation L3(3)(e), for “and (4)” there shall be substituted “, (4) and (4A)”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1975 c. 60."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1986 c. 50, section 9."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Schedule 1A was inserted by paragraph 3 of Schedule 1 to the Social Security Act 1985 (c. 53) and amended by paragraphs 29 and 30 of Schedule 10 to the Social Security Act 1986."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Section 52C was inserted by paragraph 2 of Schedule 1 to the Social Security Act 1985 and amended by paragraph 26 of Schedule 10 to the Social Security Act 1986."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1990/805/regulation/4",
    "retrieved_at": "2026-10-29T15:21:59.592245+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}